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2009-156 Subdivision Agreement between The Corporation of the Township of Oro-Medonte and Moss Development LtdTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-156 Being a By-law to Repeal By-law 2008-106 and Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte and Moss Development Ltd. described as lands as follows: Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 &'A', Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T/W R0487177, being all of PIN #58544-0140 (Lt) Township of Oro-Medonte (Geographic Township of Oro), County of Simcoe WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 &'A', Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, TM R0487177, being all of PIN #58544-0140 (Lt) Township of Oro-Medonte (Geographic Township of Oro), County of Simcoe - Roll # 4346-010-1-16000-0000. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule `A'. 2. That the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule `A", be registered on title against the lands described therein; 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent owners of the land; 4 That this By-Law shall come into force and take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 12TH DAY OF NOVEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF NOVEMBER, 2009. ,TION OF THE TOWNSHIP OF ORO-MEDONTE CIeA. J. Schedule 'A' to By-law No. 2009-156 w SUBDIVISION AGREEMENT - between - MOSS DEVELOPMENT LTD. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 & `A', Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T/W/ R0487177, being all of PIN #58544-0140 (Lt) Geographic Township of Oro TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July 2009 By-Law No. 2009- 15 6 /public works/2008 subdivision agreements/standard subdivision agreement TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Requirements Prior to Execution of Agreement Part 4 Pre-Construction Requirements Part 5 Financial Requirements Part 6 Staging or Phasing Part 7 Construction Requirements Part 8 Building Permits and Occupancy Part 9 Maintenance and Acceptance Part 10 Default Provisions SCHEDULES Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Unsuitable for Building Purposes and/or List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Standard Township Letter of Credit 2 TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the 12 thday of November , 2009. BETWEEN: Moss Development Ltd. (hereinafter called the "Developer") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") OF THE SECOND PART WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule "B" and collectively are herein referred to as the "said lands"; AND WHEREAS a Draft Plan with Conditions (43-OM-91050) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: PART-1 GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1 To prepare designs in accordance with the Township of Oro- Medonte Engineering Standards and Drawings (dated October, 1997). 1.1.2 To prepare and furnish all required drawings and specifications. 1.1.3 To prepare the necessary contract(s) and provide contract administration. 1.1.4 To obtain the necessary approvals in conjunction with the Township, from the Township of Oro-Medonte sewage approval authority, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, and utility companies, or as a result of legislative or procedural change, the Ministries shall be deemed to be the Ministry of Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte or the Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2. 1.1.5 To act as the Developer's representative in all matters pertaining to the subdivision. 1.1.6 To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineer, for all the work specified in this Agreement. 1.1.7 To provide supervision during construction of all the services. 1.1.8 To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. 1.1.9 To maintain records of construction, which shall be available for inspection or copy by the Township. 1.1.10 To prepare final "as constructed" Mylar drawings which will include the following with regard to provision of a digital Plan of Subdivision: Completed digital Plan of Subdivisions must be in AutoCAD 12 drawing format or DXF and be delivered on a 1.44 MB floppy diskette. Two copies of each Plan of Subdivision are required on separate diskettes. Each diskette must be labeled identifying the legal property description, developer's name, file name, and date delivered. PKZIP Release 2.04G may be used to perform file compression, if required. It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. All line data depicting property boundaries must be mathematically closed to form polygons. The lines, which describe the boundary of all properties created within the Plan of Subdivision, will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB layer/level will outline the property boundaries in the form of enclosed polygons. LAYER/LEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW 2 The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LAYER/LEVEL PL LT TEXT FONT MONOTEXT COLOUR YELLOW 2 The digital files should contain enough site data as to allow for horizontal and vertical positioning within the existing base mapping. A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing. It is not necessary that the digital data be in Universal Transverse Mercator (UTM) co-ordinates since the registration process will automatically convert any unit grid to the "Ontario Base Mapping UTM Co-ordinate System". 1.1.11 To furnish the Township with a certificate with respect to each lot or building block for which a Building Permit application is made, certifying that the proposed construction is in conformity with the General Location and Lot Grading Plan or with an approved variation; (NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.12 To prepare and provide the Township, for each lot or block within the plan, a certificate of final grade elevation, indicating that the property has been developed in conformity with the General Location and Lot Grading Plan or with an approved variation (NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner). NOTE: In the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar certificate, as required under 1.1.11 and 1.1.12, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Engineer prepare the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 1.2 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: Moss Development Ltd c/o Roy Murad - President 7822 Yonge Street Toronto ON M2P 2138 Or by Facsimile Transmission to: 416-224-5450 In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.3 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge of the mortgage(s) on those lands if called upon by the Township, to do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by Section 51.5 of the Planning Act, R.S.O. 1990, c.P.13 and required by the Township of Oro- Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said deed. The Developer shall provide to the Township's solicitor, certification of good title, free and clear from all encumbrances. 1.8 EASEMENTS The Developer agrees to grant, at his expense, all such easements and rights-of-ways as may be required for the installation and supply of services to the subdivision and to deed lands to the Township, as set out in Schedule "G". The Developer also agrees to certify good title to easements and right-of-ways by the Developer's solicitor. Prior to executing this Agreement, all known easements shall be filed with the Township in a form approved by the Township's solicitor. A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement. 1.9 ELECTRICITY AND TELEPHONE Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electricity supplier and from the telephone supplier, stating that the Developer has entered into a satisfactory agreement(s) with them with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing private companies' plant and equipment, which are necessary to accommodate this subdivision, shall be borne by the Developer. 1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING The Developer agrees to advise all prospective purchasers that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated Public and Catholic school sites in the community is not guaranteed, and that pupils may be accommodated in temporary facilities out of the neighbourhood schools' area. This clause is to be placed in any Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.11 CANADA POST The Developer agrees to construct, if required, a site to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. 1.12 MINISTRY OF THE ENVIRONMENT The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the Soils and Groundwater Inventory prepared by Skelton Brumwell dated 1989 and the Well Evaluation and Development Impact Study prepared by Wilson Associates dated 1992. 1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses, 1.1.11, 1.1.12 and Note of 1.1, 1. 10, 1. 11, 1. 12, 5.5, 5.7.2, 7.3, 7.9, 7.16, 8.1, 8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8 and Schedule "F", to each prospective purchaser of a lot(s). 1.14 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.15 ENUREMENT This Agreement shall endure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. PART-2 THE LANDS. PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules hereinafter referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Schedule "C" of this Agreement, along with the Storm Water Management Report prepared by ConSALtech Engineering Solutions dated May 2008 revision date June 2008: Drawing No. Description Cover Sheet and General Notes M-Plan R-Plan STM-1 Pre-Development Storm Drainage STM-2 Post-Development Storm Drainage SSC-1 Storm Sewer Catchment Plan CUP-1 Composite Utility Plan PND-1 Stormwater Management Plan -West Pond PND-2 Stormwater Management Plan -East Pond L-1 Stormwater Pond Landscape Plan -West Pond L-2 Stormwater Pond Landscape Plan - East Pond L-3 Landscape Details LG-1 Lot Grading Plan - West Half LG-2 Lot Grading Plan -East Half P-1 Plan and Profile - Caldwell Drive (STA. 0+000 to 0+350) P-2 Plan and Profile - Caldwell Drive (STA 0+350 to 0+700) P-3 Plan and Profile - Line 1 North (STA 0+000 to 0+260) P-4 Plan and Profile - South Limit of Block 26 ESP-1 Erosion and Sediment Control Plan FWR-1 Fire Water Reservoir SD-1 Standard Details SD-2 Standard Details 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 Ministry of the Environment 2.4.3.2 Electrical Distribution Utility 2.4.3.3 Township of Oro-Medonte 2.4.3.4 Ministry of Natural Resources 2.4.3.5 County of Simcoe 2.4.3.6 Ministry of Transportation 2.4.3.7 NVCA 2.5 2.6 2.4.4 All applicable Township By-Laws, including any applicable Site Plan Control By-Laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Unsuitable for Building Purposes and/or Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Standard Township Letter of Credit 2.7 SUBDIVISION CHANGES There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township Engineer. 10 PART-3 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes - have paid all Township tax bills issued and outstanding against the said lands. 3.1.2 Deeds and Easements - have delivered to the Township all transfers/deeds, discharges and easements or other documents required by Schedule "G", as well as Certification from the Developer's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 3.1.3 Postponement Mortgage/Charge - file with the Township solicitor, for his approval, a postponement of Mortgage/Charge document. 3.1.4 Cash Deposits, Development Charges and Security - have paid to the Township all cash deposits, development charges and security required by Schedules "D" and "F". 3.1.5 Construction/Engineering Plans and Specifications - have supplied to the Township, those Plans and Specifications necessary to identify the construction/engineering aspects of the proposed development, and have received from the Township an acknowledgment of conformity with general design concepts of the Township. 3.1.6 Electricity - have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, lighting requirements, and power supply to each lot or building or unit, as the case may be, and these are to be to the required Township standards, which includes underground wiring. 3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 3.1.8 Consulting Engineer's Letter - ensure that each Consulting Engineer (who must be experienced in the field of Municipal Services) for the Developer, file with the Township, a letter confirming the terms of his retainer, and which letter shall be in draft format supplied by the Township. 3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and Canada Post, to write a letter to the Township Clerk confirming that: 3.1.9.1 They have been informed of the project and have seen the development plans. 3.1.9.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 3.1.9.3 Easement requirements, if any. 3. 1.10 Land Ownership- be the registered owner in fee simple of the lands described in Schedule "A", and that there will be no encumbrances registered against the said lands. 11 3.1.11 Approvals -obtain and file with the Township, confirmation approvals from the following: 3.1.11.1 Ministry of the Environment 3.1.11.2 Electrical Distribution Utility 3.1.11.3 Township of Oro-Medonte 3.1.11.4 Ministry of Natural Resources 3.1.11.5 County of Simcoe 3.1.11.6 Ministry of Transportation 3.1.11.7 Nottawasaga Valley Conservation Authority 3.1.12 Lot Sizes - file with the Township, a certificate from an Ontario Land Surveyor confirming that the frontage and area of each lot meets the minimum requirements of the Township Zoning By-law. 3.1.13 Molars - provide for registration, Mylars of all Plans incorporated into this Agreement as Schedules. 3.1.14 Fire Chief Approval - obtain an approval from the Fire Chief of the Township confirming and approving of the proposed plans for fire protection, and specifying any hydrants, or other equipment, or appurtenances required. 12 PART-4 PRE-CONSTRUCTION REQUIREMENTS 4.1 Prior to starting construction of the subdivision works, the Developer shall: 4.1.1 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 4.1.2 Approval of Plans The Developer and the Engineers employed by him shall have the plans and specifications for the works approved by the Township Engineer prior to construction and the originals must be stamped as accepted by the Township Engineer. Submit and obtain the Township Engineer's approval of the following, all to be in accordance with the Township's approved Engineering Standards: i) the drainage plan; ii) the lot grading plan; iii) the service layout plan for Electrical, Telephone and Gas; iv) the road and sewer plans and profiles. 4.1.3 Certificate of Approval Submit to the Township, the Ministry of the Environment's Certificate of Approval for Storm Sewer Works, waterworks and detention facilities 4.1.4 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineer. The Township and Township Engineer are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.5 Scheduling of Works Prior to the start of construction, the Developer shall supply for the Township Engineers, approval of a Schedule of Works, setting out the order in which he considers the various sections of the works within the Plan will be built. The Township Engineer may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineer, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 4.1.8. 4.1.6 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting there from. 13 A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineer and the Nottawasaga Valley Conservation Authority. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the Plan for approval by the Township Engineer and the Nottawasaga Valley Conservation Authority. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineer and the Nottawasaga Valley Conservation Authority. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. 4.1.7 Signs Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township Engineer, and the signs shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). 4.1.8 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineer, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.11 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineer. Subsequent phase shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineer before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either; a) Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or b) Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction, in accordance with the provisions of the Plans filed with the Township. 14 4.1.9 Permit To Take Water The Owner/Operator of the well and storage tanks shall obtain a Permit to Take Water from the Ministry of Environment, should water taking in excess of 50,000 L/day (10,000 gal/day) be required on the fire protection block 4.2 BREACH OF AGREEMENT If the Developer commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. 15 PART-5 FINANCIAL REQUIREMENTS 5.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineer for checking of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of Ten Thousand 10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Engineer, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of Five Thousand 5000.00), or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. He or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance (Aboveground Services) is issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 5.5 DEVELOPMENT CHARGES. REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per-lot basis, prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. 16 c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the Municipal Act, 2001, S.O. 2001, c.25 at present serving this property and assessed against it. These charges are set out in Schedule "F" of this Agreement. NOTE: In addition to the Municipal Development Charges, the lots may be subject to County development charges and applicable development charges of any Public Utility. 5.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said work as approved by the Township Engineer and Township Council: or b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "K" with an automatic renewal clause, in the amount of one hundred percent (100%) of the estimated costs of the said works, as set out in Schedule "D" and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed, as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township; or c) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "K" with an automatic renewal clause, in the amount of One Hundred and Fifty Thousand Dollars ($150,000.00). The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed, as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. In addition, the Developer irrevocably agrees that the security currently held by the Township, in the amount of Twenty Thousand Dollars ($20,000.00), in respect to the pre-servicing agreement shall also stand as security for the faithful performance of Developer's obligations under this Agreement and shall be held, applied and released in the same manner and on the same terms as the letter of credit referred to above. In addition to the security referred to in this subsection 5.6(c) above, as security for the sum of One Hundred and Sixty Two Thousand Dollars ($162,000.00), contemporaneously with the registration of this Agreement on title to the said lands, the Developer shall convey to the Township, without the payment of any consideration whatsoever, the lands shown as Block 27 on the draft plan of subdivision set forth on Schedule "B" (the "Block 27 Lands"), free and clear of all encumbrances. The Developer shall also provide to the Township's solicitor the certification required pursuant to Section 1.7 herein in respect to the Block 27 Lands. The Township agrees to hold the Block 27 Lands as security for the faithful performance by the Developer of its obligations 17 hereunder. In the event of a default pursuant to the terms of this Agreement, the Block 27 Lands shall become the property of the Township absolutely and the Township shall be entitled to deal with the Block 27 Lands in any manner it deems appropriate. In the event there has been no default pursuant to the terms of this Agreement and the Developer is entitled to the return of its securities, the Township shall reconvey the Block 27 Lands to the Developer, free and clear of all encumbrances. d) Notwithstanding the provisions of subparagraphs (a), (b) and (c) above, the estimated cost of the works, as set out in Schedule "U', will be reviewed and updated by the Township Engineer on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township Engineer, within thirty (30) days of notice, by registered mail, from the Township Engineer. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineer, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in Schedule "D" is greater by 10% than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. e) Application - any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter, which under the terms of this Agreement, is the responsibility of the Developer, including, without limiting the generality of the foregoing, payment of Engineering, legal, Planning, and Development Charges, or other costs incurred by the Township, which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein. f) Default - if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub-contractors) shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. g) Exceeding Cost Estimates - if the costs of completing such work or service exceeds the amount of security held by the Township, such excess shall be paid by the Developer to the Township, thirty (30) days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. h) Save Harmless - the Developer, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which 18 may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. Construction Lien Act - if the Township becomes obligated to make any payments, or pay any costs under the provisions of Section 17(4) of the Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. j) Surplus Funds - in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.7 DISCHARGE OF SECURITIES 5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township Engineer, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the services (in increments of not less than ten percent (10%)) or the reconveyance of the Block 27 Lands provided however there shall be no reduction of the Letter of Credit or the cash held by the Township until such time as the Block 27 Lands have been reconveyed to the Developer and the securities obligation has been reduced to an amount that is less than One Hundred and Seventy Thousand Dollars ($170,000.00). For greater certainty, the parties acknowledge that the Block 27 Lands shall be held as security for the first $162,000.00 of services or works performed by the Developer. Upon application for reduction of the securities, the Developer's Engineer shall provide an estimate of the cost to complete the work. This amount, when approved by the Township Engineer, shall be retained along with twenty percent (20%) of the completed work estimate and the remainder released. A further ten percent (10%) of the completed work estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 5.7.2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General Location and Lot Grading Plan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be returned. 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has 19 been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 5.10 INSURANCE CERTIFICATE AND POLICY 5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) year after completion and acceptance of the Township services to be constructed herein. 5.10.2 Comprehensive General Liability/Environmental Impairment Liability- such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS (5,000,000.00), and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.10.3 Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days in advance of any cancellation or expiry of the said insurance policy. 5.10.4 Certificate of Coverage - any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c) and (d) above and are in effect. 5.10.5 Confirmation of Premium Payment - the Developer shall, from time to time as required by the Township, provide confirmation that all premiums on such policy or policies insurance have been paid, and that the insurance is in full force and effect. The Developer shall see that a copy of the policy is filed with the Township. 5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, and for which it may be held responsible. 20 PART-6 STAGING OR PHASING 6.1 STAGING OR PHASING The Township, in its sole discretion, may instruct the Developer to construct the services in particular stages or phases suitable to the Township, and the Developer must comply on terms to be agreed to by the Township. If the Township does not so instruct, the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivision into convenient stages. If the work is thus staged, as approved by the Township, then in lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as approved by the Township Engineer, the Developer shall deposit security for part of the services the Township has approved. Before proceeding with an additional stage, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and no Building Permits issued until this approval has been received and additional securities deposited. When fifty (50%) of the lots of the subdivision or stages of the subdivision have been built upon and all the services have not been completed and approved by the Township Engineer, the Township reserves the right to refuse commencement of the next stage until all services have been installed and approved. In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be approved if all services of the active stage approved by the Township Engineer have not been completed within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of the services. 21 PART-7 CONSTRUCTION REQUIREMENTS 7.1 WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C" to this Agreement. This Schedule is to set out the works in general terms only and shall not be construed as covering all items in detail. The works are to be designed and constructed in accordance with the current Engineering Standards adopted by By-Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of the subdivision, the Township Engineer is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineer. 7.2 CONSTRUCTION OF WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite works in order to provide services to the lots and buildings blocks within the Phase. 7.3 PRESERVATION AND PLANTING OF TREES 7.3.1 The Developer must preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland, and individual lots, the Township shall have the option of having a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 50 mm caliper on each lot having less than three (3) trees in the front yard(s), if required by the Township. The type of trees must be satisfactory to the Township. 7.3.3 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, if one is to be located within the plan, in areas where there is not a sufficient growth of trees. 7.4 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineer. 7.5 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineer or Township Public Works Official, written permission for carrying out the blasting operation, and shall obtain the blasting 22 permit and show proof of insurance for all damage or claims for damage resulting from the blasting operation. The Developer, in any event, shall be responsible for any such claims. 7.6 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township Engineer and Township Public Works Official during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Public Works Official. For the purpose of getting such consent, the Developer shall advise the Township Public Works Official and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 7.7 DAMAGE TO EXISTING PLANTS The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plants located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange for an inspection with the Township Public Works Official and Township Engineer for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Public Works Official's assessment of conditions prior to construction will be final. 7.8 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineers. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile) from the Township's Engineer regarding a dust control problem, then the Township's Engineer, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 7.9 CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township is not responsible for the removal or disposal of refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. 7.10 INSPECTION OF CONSTRUCTION OF SERVICES During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township Engineer to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineer perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements for services, he will have the authority to cease 23 construction operations by verbal notice to the contractor and/or the Developer's Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 7.11 DECLARATION OF PROGRESS AND COMPLETION 7.11.1 Prior to the approval of the underground services, the Developer shall provide the Township Engineer with an undertaking for the completion dates of all remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval of the Township Engineer. The Township reserves the right to alter the completion dates as it sees fit and the Developer agrees to complete the services. 7.11.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre- determined liquidated damages, the sum of FIFTY DOLLARS ($50.00) for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 7.12 PROGRESS OF WORKS After the completion of the underground services, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township Engineer and from that date, the said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the Township Engineer. If he fails to adhere to the scheduling provisions outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Township Engineer, then upon the Township Engineer giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineer may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary works in connection with the installation of the said works, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs thereof, together with an engineering fee of ten percent (10%) of the cost of such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said works by the Township. The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan. 7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the electricity and street lighting, sewer system, detention pond and waterworks will be constructed, inspected and approved prior to the completion of the other works, including roads and boulevards. 24 Building Permits will not be issued until the Township Engineer has given the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). The two (2) year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance period, the Developer shall be responsible for the normal operation and maintenance, and all repairs for the services noted in the Certificate. If, during the two (2) year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the cost of the work from the Developer's securities, as set out under Clause 9.3. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services, in this case, until the Township has assumed the responsibility of the services. 7.14 EMERGENCY REPAIRS Employees or agents of the Township may enter onto. the lands at any time, or from time to time for the purpose of making emergency repairs to any of the works. Such entry and repairing shall not be deemed an acceptance of the works by the Township or any assumption by the Township of any liability in connection therewith, or a release of the Developer from any of his obligations under this Agreement. 7.15 USE OF WORKS BY TOWNSHIP The Developer agrees that: 1. The works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. II. Such use shall not be deemed an acceptance of the works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the works so used. 7.16 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall Grading Plan Dwg. LG-1 and LG-2 prepared by the Developer's Engineer, and approved by the Township Engineer and the Township of Oro-Medonte. Some fill and regrading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township Engineer. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or 25 interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said swale/easement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 427 of the Municipal Act, 2001. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. Generally, the drainage facilities will consist of open ditches within the subdivision or storm sewers in certain locations to provide a satisfactory drainage outlet, and will be in accordance with the Drainage Plan STM-1 and STM-2 prepared by the Developer's Engineer, and approved by the Township Engineer and the Township of Oro-Medonte. 7.17 DEFINITIONS For the purposes of this Subdivision Agreement: (i) The term "Underground Services" shall mean the storm drainage works (including culverts, storm sewer and detention pond), waterworks, underground electrical distribution system, and street lighting serving the Plan of Subdivision, as more particularly described in Schedule "C" to this Subdivision Agreement. (ii) The term "Certificate of Substantial Completion and Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) shall not constitute an assumption of the Municipal Underground Services by the Township. (iii) The term "Certificate of Maintenance and Final Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground Services constructed by the Developer, in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground Services by the Township. 26 (iv) The term "Aboveground Services" shall mean all Municipal services to be constructed by the Developer pursuant to the terms of this Subdivision Agreement, as more particularly identified in Schedule "C, excluding Underground Services. (v) The term "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C, have been substantially completed, in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground Services by the Township for winter maintenance only. (vi) The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. (vii) The term "Certificate of Substantial Completion and Acceptance" means a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) or a Certificate of Substantial Completion and Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. (viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Municipal Underground Services) or a Certificate of Maintenance and Final Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. 27 PART-8 BUILDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building Permit for any part or portion of the said lands or on any lot therein, and no Building Permit shall be issued until a Sewage System Permit approval has been received for the land in question. The Developer's Engineer shall prepare an overall Lot Development Plan for approval by the Township of Oro-Medonte and the Township Engineer, as a further requirement to Clause 7.16. The Plan shall include the following: a) envelopes for the proposed house and any adjacent structures on each lot. b) an envelope showing the location, size and elevation of the subsurface sewage system on each lot and all pertinent engineering design criteria. c) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed. d) existing and proposed grades on lot corners and mid-lot elevation. e) location and type of proposed water. 8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed Site Development Plan for each lot may be required to be prepared by a Professional Engineer registered with the Association of Professional Engineers of Ontario, experienced in private sewage system design, for approval by the Township Engineer, prior to the issuance of a Sewage System Permit for each respective lot. Site Development Plans, which conform to the overall Lot Development Plan at an approved metric scale using metric dimensions and elevations, shall include the following: a) the location, dimensions and elevations of the proposed dwelling and any structures to be located on the lot, as well as any adjacent structures on the adjacent lot(s). b) the location, size and elevation of the sewage system, all engineering design criteria and standards pertaining thereto, shall be provided. c) the location and type of water well, including the water service line to the dwelling. d) the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed. e) the location and grades of any proposed drainage swales. f) the Professional Engineer will be required to check the elevations of the footings of the buildings prior to further construction to ensure conformity with the approved Plans noted above. g) the Professional Engineer will be required, prior to the issuance of a Final Inspection Report, to certify to the Township of Oro-Medonte, in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above. 28 The Developer further agrees to construct all works required under Clause 7.16, and as shown on the approved General Location and Lot Grading Plan LG-1 and LG-2, Storm Drainage Area Plan STM-1 and STM-2 and Erosion Control Plan ESP-1, all prepared by ConSALtech Engineering Solutions to the satisfaction of the Township of Oro-Medonte and the Township Engineer. The Developer further agrees to advise all prospective lot owners of the requirement that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 8.2 REQUIREMENTS FOR BUILDING PERMITS The approval of the Plan by the Township, or the acceptance by the Township of the works, shall not be deemed to give any assurance that the Building Permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) Township of Oro-Medonte approvals have been obtained and submitted to the Township. The Township of Oro-Medonte sewage approval authority requirements are set out in Clauses 7.16 and 8.1. (ii) The Storm Water Management System and Waterworks have been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Municipal Underground Services). (iii) Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved. (iv) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "B" sub-base, has been constructed on the road providing access to the lot. (v) Approval of the Township Engineer has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vi) Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.7. (vii) A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Lot Grading Plans, or has received the approval of the Township Engineer with respect to any variance to the Grading Plan. The individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a Building Permit. (viii) All dead trees within the limit of the Plan have been removed. (ix) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.4. (x) The Traffic and Street Name signs have been installed and approved by the Township Engineer. 29 (xi) Any development charges have been paid, in full, in accordance with the applicable development charge By-Laws, enacted pursuant to the Development Charges Act. 1997, as well as By-Laws enacted pursuant to Section 257.53 of the Education Act, or alternate arrangement satisfactory to the body enacting the development charge By-Law, have been made and the same has been communicated to the Chief Building Official for the Township of Oro-Medonte, in writing, by such a body. 8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "E", the Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 8.4 MUNICIPAL ADDRESS SYSTEM The Developer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the afore-mentioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 8.5 REQUIREMENTS FOR OCCUPANCY 8.5.1 No buildings erected on the lots or blocks within the Plan shall be occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in accordance with the Township Building and Plumbing By-Law. PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow occupancy of a building. 8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: (i) The roadway has received the granular roadbase materials full depth and the base course of asphalt, provided asphalt is commercially available. The underground electrical, telephone lines, gas mains and street lights have been installed and approved by the Township Engineer. (iii) A Certificate Letter and individual Lot Development Plan has been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading of the lot or block, is in conformity with the General Location and Lot Grading Plans, or such variance therefrom has been approved by the Township Engineer. The final grading on the individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. 30 (iv) Driveway culvert and end protection has been provided to the satisfaction of the Township, in accordance with the Township's Road Occupancy Permit. (v) The trees have been planted on the lot by the Developer in accordance with Clause 7.3. (vi) Any deficiencies on a Provisional Certificate of Occupancy has been complied with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of the dwelling for any lot or part of a lot on the said Plan. 8.6 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.5 are installed to the home occupied to the satisfaction of the Township Engineer, then the Developer agrees to pay to the Township, liquidated damages in the amount of ONE HUNDRED DOLLARS ($100.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineer that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30) days of the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. 31 PART-9 MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of the underground services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services in this case until the Township has assumed the responsibility of the services. 9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineer and Public Works Official shall make an inspection to ensure that the Township will accept the road system. The Township Engineer shall issue a Certificate of Substantial Completion and Acceptance (Aboveground Services) when the works are accepted by the Township. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence when the Township Council approves the issuance of the Certificate. 9.3 MAINTENANCE OF WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date the Township Council approves the Certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. The maintenance shall include the maintaining and mowing of grass within the road allowances, as well as the parkland area and detention pond, on a regular basis. If the Township is requested to carry out this maintenance, the Developer shall pay all charges to the Township. If, during this period, the Developer fails to carry out maintenance work within forty-eight (48) hours after receipt of a request from the Township, then the Township Engineer may, without further notice, undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the original estimated cost of the works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2) year period noted above, the maintenance period will continue for the original two (2) years, or for thirty (30) days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater. 32 Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of services. 9.4 WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two (2) year maintenance period will be winter control, which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). Winter control shall include snow plowing, sanding and any other winter maintenance operations. It is agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services) however, the Developer shall be responsible for the winter control also. In the event that proper vehicular access or winter control is not provided by the Developer, the Township, through its servants, contractors, or agents, may provide without notice to the Developer. Such winter control shall be only carried out at times deemed to be an emergency by the Public Works Official. All costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment $40.00/hr. Labour $20.00/hr. Mixed Sand and Salt $12.00/m3 Payroll Burden -41% Administration - 7% G.S.T. - 5% The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township pursuant to this Agreement before the roads are accepted by the Township, shall not be deemed in any way to be an acceptance by the Township of the roads in the said subdivision upon which such work is done. The Developer acknowledges that the Township, whilst providing winter control, may damage or interfere with the works of the Developer and covenants that he will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. 9.5 REPLACEMENT OF SURVEY BARS Prior to the final acceptance of the subdivision by the Township, the Developer agrees to supply a statement from an Ontario Land Surveyor approved by the Township that after the completion of the subdivision work, he has found or replaced all survey monuments, standard iron bars and iron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. 33 Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services, in this case, until the Township has assumed the responsibility of the services. 9.7 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance therefrom as has been approved by the Township Engineer. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 9.8 DRAINAGE -RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and the subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and subsequent owners of the lots or blocks within the Plan of Subdivision, from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a copy of this Section 9.8 and Section 7.16 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and the owner, from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and/or subsequent lot owner. Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as per Section 427 of the Municipal Act. 2001. 34 PART - 10 - DEFAULT PROVISIONS 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or Occupancy Permits, and the Developer agrees not to apply for any Building Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 10.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province, Township of Oro-Medonte or other public body, such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change or policy of the Provincial Government or of the Township. 10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 427 of the Municipal Act. 2001. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. ,rA SIGNED, SEALED AND DELIVERED this 'C day of 2009. THE CORPQRAT DN OF THE TOWNSHIP OF ORO-MEDONTE Per P es Dou s m Title Cler MOSS L P ~~T LTD. Per Title"-~ t2Fe ©a~ Per Title 35 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 &'A', Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T/W R0487177, being all of PIN #58544-0140 (Lt) Township of Oro-Medonte (Geographic Township of Oro), County of Simcoe 36 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. PLAN OF SUBDIVISION 51-M 37 SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, stormwater management facilities, fire water reservoir, all road works including curbs, gutters and roadside ditches in accordance with the approved Engineering Drawings to service the Country Lane Estates subdivision in the Township of Oro-Medonte. LIST OF DRAWINGS COVER AND NOTES LEGAL PLANS M-Plan 51 M- R-Plan STORM DRAINAGE PLANS STM-1 Pre-Development Storm Drainage STM-2 Post Development Storm Drainage SSCA Storm Sewer Catchment Plan COMPOSITE UTILITY PLANS CUP-1 Composite Utility Plan STORMWATER MANAGEMENT PONDS PND-1 Stormwater Management Plan - West Pond PND-1 Stormwater Management Plan - East Pond L-1 Stormwater Pond Landscape Plan - West Pond L-2 Stormwater Pond Landscape Plan - East Pond L-3 Landscape Details LOT GRADING PLANS LGA Lot Grading Plan -West Half LG-2 Lot Grading Plan - East Half PLAN AND PROFILE DRAWINGS P-1 Plan and Profile - Caldwell Dr. ( Sta 0+000 to 0+350) P-2 Plan and Profile - Caldwell Dr. ( Sta 0+350 to 0+700) P-3 Plan and Profile - Line 1 North. ( Sta 0+000 to 0+260) P-4 Plan and Profile - South Limit of Block 26 SILTRATION AND EROSION CONTROL ESP-1 Erosion and Sediment Control Plan FIRE PROTECTION FWR-1 Fire Water Reservoir DESIGN STANDARDS DRAWINGS SD-1 Standard Details SD-2 Standard Details 38 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS The following list summarizes the cost estimate of the major works, but is not necessarily inclusive: ORIGINAL A) Roadway construction completed including clearing and grubbing, $ 361,657.50 excavation, granular road base materials, concrete curb and spillways and two lifts of asphalt B) Storm Drainage works complete, $ 241,062.65 including storm sewers, ditch inlet catchbasins, culverts, detention pond, topsoil, seed and mulch, sod, ditching and siltation, and erosion control devices C) Fire Water Reservoir including pre- $ 35,570.00 cast tanks, valves, well and controls D) Miscellaneous items such as street name and regulatory signs. $ 40,000.00 E) Electrical supply, including street lights, control panels and duct crossings $ 35,000.00 SUB-TOTAL $713,290.15 F) 10% ALLOWANCE FOR ENGINEERING & SUPERVISION $ 713,239.02 REMAINING COMPLETED OUTSTANDING WORK WORK $ 101,175.00 $ 260,482.50 $61,927.40 $ 179,135.25 $ 34,370.00 $1200.00 $13,970.00 $ 26,030.00 $ 35,000.00 $ 0.00 $246,442.40 $466,847.75 $ 24,644.24 $ 46,684.78 $513,532.53 $ 25,676.63 $539,209.15 TOTAL $784,619.17 5% G.S.T. $ 39,230.96 TOTAL COST $823,850.12 LETTER OF CREDIT RETAINED REMAINING OUTSTANDING WORK 10% OF COMPLETED WORK RETAINED BY TOWNSHIP $271,086.64 $13,554.33 $284,640.97 $ 284,640.97 $ 53,920.92 $ 338,561.89 39 SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES AND/OR LIST OF LOTS REQUIRING SPECIAL ATTENTION Lot 1 - Requires the demolition and removal of the existing barn prior to construction of a single detached dwelling 40 SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per-lot basis prior to the issuance of the first Building Permit for each particular lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with By-Law 99-081 of the Township of Oro- Medonte at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with By-law [#3203-00] of the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with By-law #3 (2000) of the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services, County of Simcoe, County Clerk. Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development Charges Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990, c.E.2, may be amended or superceded by subsequent By-Laws enacted in accordance with the respective legislation. (iv) Development Charges in accordance with the County of Simcoe's By-law at the rate applicable, upon the issuance of the first building permit for each lot upon which charges are payable. 41 SCHEDULE"G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered, shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP Block 21 - 3.0 metre road widening Block 23 - 5.0 metre road widening Blocks 22 and 26 -Stormwater Management Ponds Block 25 - Fire Protection Block Block 30 - 5.Om road widening 2.0 STORM EASEMENTS 6.0 metre easement being Parts 1-6 51 R- over Lots 16-20 3.0 HYDRO EASEMENTS 0.7 metre easement being Parts 1 & 2 51 R- over Lots 2 & 3 0.7 metre easement being Parts 1 & 2 51 R- over Lots 6 & 7 0.7 metre easement being Parts 1 & 2 51 R- over Lots 11 & 12 0.7 metre easement being Parts 1 & 2 51 R- over Lots 15 & 16 0.7 metre easement being Parts 1 & 2 51 R- over Lots 19 & 20 4.0 LANDS TO BE CONVEYED TO THE MINISTRY OF TRANSPORTATION Block 28 - 5.0 metre road widening 5.0 LANDS TO BE CONVEYED TO THE NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Block 24 - Environmental Protection Block Block 29 - Environmental Protection Block 6.0 LAND TO BE CONVEYED TO THE TOWNSHIP AS SECURITY Block 27 42 SCHEDULE "H" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. PARKLAND Cash-in-lieu-of $ 28,000 43 SCHEDULE "1" TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOP CONSULTING ENGINEER As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. The Developer(s) dated The Developer hereby agrees and undertakes to complete the construction of the Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township Engineer and more specifically in accordance with the following schedule and conditions: a) Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. b) Granular "B" and Granular "A" on or before c) Grading, topsoiling and seeding of private blocks and parks on or before_ d) Boulevard sodding on all roads on or before e) Hot asphalt on or f) Planting of trees on or before 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud-free and dust-free condition until such times as the roads, including boulevards, have been completed; 44 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead; 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of FIFTY DOLLARS ($50.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. DEVELOPER Seal or Witness Date 45 SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. GENERAL LOCATION AND LOT GRADING PLANS PROCEDURE After the General Location and Lot Grading Plan have been approved by the Township, then: a) six copies to be delivered to the solicitor for the Township. b) six copies to be delivered to the Township. c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the solicitor for the Township. 46 SCHEDULE "K" SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP "STANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Oro Ontario, LOL 2X0 We hereby authorize you to draw on the Bank of Ontario, , for the account of up to an aggregate amount of which is available on demand. Pursuant to the request of our said customer, we, the Bank of Ontario, hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of , Ontario, . The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro- Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 20 Authorized Signature Authorized Signature Bank of 5964025.3 47 LRO # 51 Plan Document Receipted as SC787403 on 2009 12 04 at 11:35 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 4 Properties PIN 58544 - 0143 LT Description PART OF LOT 11 CONCESSION 2 ORO EPR BEING PT 1 ON PL 51 R36744, T/W EASEMENT OVER PT LT 11 CON 2 ORO AND PT RDAL BTN LOT A AND LOT 11 CON 2 ORO (AS CLOSED BY BYLAW OR018994) BEING PT 3 ON PL 51 R36744 AS IN R0487177; ORO-MEDONTE Address ORO PIN 58544 - 0144 LT Description PART OF LOT 11 CONCESSION 2 ORO EPR AND PT RDAL BTN LOT A AND LOT 11 CONCESSION 2 ORO EPR AS CLOSED BY BY-LAW OR018994 BEING PART 2 ON PLAN 51 R36744, T/W EASEMENT OVER PT LT 11 CONCESSION 2 ORO EPR AND PT RDAL BTN LOT A AND LOT 11 CON 2 ORO ERP (AS CLOSED BY BY-LAW OR018994) BEING PT 3 ON PL 51R36744 AS IN R0487177; ORO-MEDONTE Address ORO ~ I Applicant(s) Name MOSS DEVELOPMENT LTD. Address for Service 7822 Yonge Street Thornhill, Ontario L4J 1W3 I, Roy Murad (A.S.O.), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Statements The applicant applies to register a plan of subdivision of the land prepared by CDN Land Surveyors Inc., O.L.S. dated 2009/06/10 All the consents required have been obtained. Schedule: See Schedules Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Signed 2009 12 03 Toronto Applicant(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GARFINKLE, BIDERMAN LLP 1 Adelaide Street E., Suite 801 Toronto M5C 2V9 2009 12 04 Tel 4168691234 Fax 4168690547 l Fees/Taxes/Payment Statutory Registration Fee $0.00 Total Paid $0.00 File Number Applicant Client File Number : 6790-024 CONSENT OFCI IARGF.E. .A Plan ui'SubdMsion of Part of Lot 11, Concession 2 E.P.R. and Part ui the Original Road Alluw-ance Between Lots I I and "A" Concession 2 (clused by By-Law registered :u Insuunwm No. ORO18994) (Geographic Township o('Oru), Township of01-0- 1lcdont0. County of'Sintcoe, prc~;ired by CDN Land Surveyors Inc., O.L.S., and dated thr day uh'_ u' '2009 ONTARio WEALTH MANAGEtv1ENT CORPORATION, the Y101 t;agee'Char9cc under the Mongagc Cllarge registered as instrument No. SC710352 un the 5°i day of January, 2009, hereby consent,; tu the registration ol'tlu above-noted Plan of Subdivision. •7 DA'Z'ED clay of November, 2009 ONTARIO WEALTH MANAGE; 'T COR.PO TION Per: ~y\ Title: C- r'~ S Per: Name: Title: I'We have authority to bind the Corporation. .-..j.,.,;., ,,:,,,,.>,.,u.nr• a-o ~tcco-s~n r or CHARGEE.aa: CONSENT OF CHARGEE A Plan of Subdivision of Ilan of Lot 11, Cuoccssion 2 E.P.R. and Ptut of the Orivpnal Road Allowance Between Lots I I attd "A" Concession 2 (closed by By-Law registered as instrument No. ORO18994) (Geographic Towin%hip of0ro), Township.of Oro- Mcdontc, County of &mwe, prepared CDN LenJ Surveyors Inc., 0.LS., and loud the h day of L4 ~ _,2009 PROPRIETES FAR HILLS INCJFAR HALLS PROPERTIES INC., aw Mongagee/0wxcc under thz MmtgaWCh uge registered as Instrument No. SC147280 on the 3e day: of junc, 200% herby consents to the reotration of the above -noted .Man of Subdivision. DATED the 2"a day of December, 2009 PROPRIETES PAR HILLS INC.; FAR HILLS PROPERTIES INC, Per. Stn L' V. 1 have audwrity to,bind the Corporation. 121.Jf4aW1(:MnM750~679Q-OY+U:UNtiF„ i na CHAAGEE.oo. co1SENt'OF'CHARCEE \ flan of SuI)dj~ ision of Part of I_ol 11. concession ? E.P.R. and Part of the Original Ruud Allo-mace Rct~~een Lots I I and -A concession d (cloud by B.y-Laic registered a; Inst tunctt! No. OAOB994) I(ico; raphic Tocanehip ol,Oro), Tout:hip ofOro- Medontc. ~'ouuty of Sinteoc. prcpa:rcl by C'C)N f_aud Surveyors Inc.. U.L.S., :uu dated q _the ~jC°~'.`t. dac of )009 \11:1 1: I\\ CS1 Nt1i.\ ts I\e.. the \lurigazec Char ee under the. Eton t c'Char e Let by unsutt; to vcutered ;u In;trumcia No. )it the 0"~ day 20 09' the rcuisuation of the above-ncued flan of Subelicision. U:\ 1) the d;n of Deiemhcr. 2009 MERE, IWI SIMHN"l-S INCPer / me: Tit e::\.S.(. t I have OuthUfll}' to hind the corporation fi LRO # 51 Application For Inhibiting Order-Land The applicant(s) hereby applies to the Land Registrar. PIN Description Address PIN Description Address 58544 - 0144 LT BLOCKS 23,28 AND 29, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE; COUNTY OF SIMCOE ORO 58544 - 0143 LT LOTS 1 TO 20, INCLUSIVE, BLOCKS 21, 22, 24, 25, 26, 27 AND 30, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE ORO n Redescription n Redescription Applicant(s) Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Box 100 Oro, ON LOL 2X0 This document is being authorized by a municipal corporation H.S. Hughes, Mayor and J. Douglas Irwin, Clerk. This document is not authorized under Power of Attorney by this party. - I Statements The Municipality/applicant applies for an entry inhibiting any dealing with the property until the following conditions set out in the attached Inhibiting Order have been fulfilled. The registered owner of the land has agreed not to deal with the land until the specified condition(s) has been complied with. Schedule: See Schedules I Signed By Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Signed 2009 12 04 Toronto Applicant(s) M5J 2T9 Tel 4168631500 Fax 4168631515 I have the authority to sign and register the document on behalf of the Applicant(s). I Submitted By AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 Tel 4168631500 Fax 4168631515 Fees/Taxes/Payment Statutory Registration Fee Total Paid I File Number Applicant Client File Number Receipted as SC787418 on 2009 12 04 at 11:54 yyyy mm dd Page 1 of 1 "Iroperties $60.00 $60.00 100045-RTH ORO-MEDONTE 2009 12 04 LRO # 51 Notice Of Subdivision Agreement The applicant(s) hereby applies to the Land Registrar. Receipted as SC787419 on 2009 12 04 at 11:54 yyyy mm did Page 1 of 49 Properties PIN 58544 - 0143 LT n Redescription Description LOTS 1 TO 20, INCLUSIVE, BLOCKS 21, 22, 24, 25, 26, 27 AND 30, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT n Redescription Description BLOCKS 23, 28 AND 29, PLAN 51 M-946; TOWNSHIP OF ORO-MEDONTE; COUNTY OF SIMCOE Address ORO Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land. Name MOSS DEVELOPMENT LTD. Address for Service 7822 Yonge Street Toronto, ON M2P 2138 I, Roy Murad, President, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. I Party To(s) Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Box 100 Oro, ON LOL 2X0 I Statements Capacity This notice is for an indeterminate period This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Schedule: See Schedules I Signed By Randy Todd Hooke Tel 4168631500 Fax 4168631515 181 Bay St., Suite 1800, Box 754 acting for Toronto Applicant(s) M5J 2T9 I have the authority to sign and register the document on behalf of all parties to the document. Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Toronto Party To(s) M5J 2T9 Tel 4168631500 Fax 4168631515 I have the authority to sign and register the document on behalf of all parties to the document. I Submitted By AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 Share Signed 2009 12 04 Signed 2009 12 04 2009 12 04 Tel 4168631500 Fax 4168631515 LRO # 51 Notice Of Subdivision Agreement Receipted as SC787419 on 2009 12 04 at 11:54 yyyy mm dd Page 2 of 49 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Party To Client File Number 100045-RTH ORO-MEDONTE LRO # 51 Postponement Of Interest Receipted as SC787808 on 2009 12 07 at 11:44 The applicant(s) hereby applies to the Land Registrar, yyyy mm dd Page 1 of 2 Properties PIN 58544 - 0143 LT ✓I Redescription 1 Description LOTS 1 TO 20, INCLUSIVE; BLOCKS 21, 22, 24, 25, 26, 27 AND 30, PLAN 51 M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT Redescription Description BLOCKS 23,28 AND 29, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE - Address ORO Source Instruments Registration No. Date Type of Instrument SC470439 2006 08 23 Notice Party From(s) Name SAMUEL, REFAT Address for Service c/o Steinberg Morton Hope & Isreal LLP Barristers and Solicitor 5255 Yonge Street Suite 1100 Toornto, Ontario M2N 6P4 Attention: Irwin Steinberg This document is not authorized under Power of Attorney by this party. I Party To(s) Capacity Share Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Box 100 Oro, ON LOL 2X0 ' Statements The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC787419 registered on 2009/12/04 This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 04 Toronto From(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Party From(s). LRO # 51 Postponement Of Interest The applicant(s) hereby applies to the Land Registrar. Signed By Randy Todd Hooke Receipted as SC787808 on 2009 12 07 at 11:44 yyyy mm dd Page 2 of 2 181 Bay St., Suite 1800, Box 754 acting for Party Signed Toronto To(s) M5J 2T9 2009 12 07 Tel 4168631500 Fax 4168631515 I have the authority to sign and register the document on behalf of the Party To(s). Submitted By - AIRD & BERLIS LLP 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 2009 12 07 Tel 4168631500 Fax 4168631515 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Party From Client File Number : 6790-024 LRO # 51 Postponement Of Interest Receipted as SC787809 on 2009 12 07 at 11:44 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 58544 - 0143 LT ✓ Redescription Description LOTS 1 TO 20, INCLUSIVE; BLOCKS 22, 24, 25, 26, AND 27 PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT ✓ Redescription Description BLOCK 29, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO Source Instruments Registration No. SC710352 Date Type of Instrument 2009 01 05 Charge/Mortgage Party From(s) Name ONTARIO WEALTH MANAGEMENT CORPORATION Address for Service One Yorkdale Road Suite 511 Toronto, Ontario M6A 3A1 I, Graham Tobe (A.S.O)., have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Share Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Box 100 Oro, ON LOL 2X0 Statements The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC787419 registered on 2009/12/04 This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 07 Toronto From(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Party From(s). Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Party Signed 2009 12 07 Toronto To(s) M5J 2T9 Tel 4168631500 Fax 4168631515 I have the authority to sign and register the document on behalf of the Party To(s). -f LRO # 51 Postponement Of Interest The applicant(s) hereby applies to the Land Registrar. i 7 Submitted By AIRD & BERLIS LLP I Tel 4168631500 Fax 4168631515 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Patty From Client File Number : 6790-024 Receipted as SC787809 on 2009 12 07 at 11:44 yyyy mm dd Page 2 of 2 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 2009 12 07 I i LRO # 51 Postponement Of Interest Receipted as SC787810 on 2009 12 07 at 11:44 The applicant(s) hereby applies to the Land Registrar, yyyy mm dd Page 1 of 2 Properties PIN 58544 - 0143 LT ✓i; Redescription Description LOTS 1 TO 20, INCLUSIVE; BLOCKS 22, 24, 25, 26 AND 27, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT ✓ Redescription Description BLOCK 29, PLAN 51 M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO I Source Instruments Registration No. Date SC747280 2009 06 30 Party From(s) Type of Instrument Charge/Mortgage Name PROPRITES FAR HILLS INC./FAR HILLS PROPERTIES INC. Address for Service c/o Forvest Financial Services Corp. Pursuit Group of Companies, 4150 Sherbrooke West, Suite 405, West Mount, Quebec H3Z 1C2 I, Ben Lipowitz (A.S.O), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Box 100 Oro, ON LOL 2X0 Share ' Statements The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC787419 registered on 2009/12/04 This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 07 Toronto From(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Party From(s). Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Party Signed 2009 12 07 Toronto To(s) M5J 2T9 Tel 4168631500 Fax 4168631515 1 have the authority to sign and register the document on behalf of the Party To(s). LRO # 51 Postponement Of Interest The applicant(s) hereby applies to the Land Registrar. Submitted By AIRD & BERLIS LLP Tel 4168631500 Fax 4168631515 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Party From Client File Number : 6970-024 Party To Client File Number: 100045-RTH Receipted as SC787810 on 2009 12 07 at 11:44 yyyy mm dd Page 2 of 2 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 2009 12 07 LRO # 51 Postponement Of Interest Receipted as SC787811 on 2009 12 07 at 11:44 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 58544 - 0143 LT Redescription Description LOTS 1 TO 20, INCLUSIVE; BLOCKS 22, 24, 25, 26 AND 27, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT ✓i Redescription Description BLOCK 29, PLAN 51 M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO Source Instruments Registration No. Date Type of Instrument SC747281 2009 06 30 Charge/Mortgage Party From(s) Name MERE INVESTMENTS INC. Address for Service 7822 Yonge Street Thornhill, Ontario L4J 1W3 I, Roy Murad (A.S.O.), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Share Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Box 100 Oro, ON LOL 2X0 I Statements The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC787419 registered on 2009/12/04 This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 07 Toronto From(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Party From(s). Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Party Signed 2009 12 07 Toronto To(s) M5J 2T9 Tel 4168631500 Fax 4168631515 I have the authority to sign and register the document on behalf of the Party To(s). LRO # 51 Postponement Of Interest The applicant(s) hereby applies to the Land Registrar. Submitted By AIRD & BERLIS LLP Tel 4168631500 ( Fax 4168631515 4 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Party From Client File Number: 6970-024 Receipted as SC787811 on 2009 12 07 at 11:44 yyyy mm dd Page 2 of 2 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 2009 12 07 r ,_.ac LRO # 51 Transfer The applicant(s) hereby applies to the Land Registrar. [Properties PIN 58544 - 0143 LT Interest/Estate Fee Simple Description BLOCKS 22, 25, 26 AND 27, PLAN 51 M-946; ORO-MEDONTE Address ORO [Consideration Consideration $ 0.00 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name MOSS DEVELOPMENT LTD. Address for Service 7822 Yonge Street Toronto, ON M2P 2138 I, Roy Murad, President, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Receipted as SC787812 on 2009 12 07 . at 11:44 yyyy mm dd Page 1 of 2 ✓ Redescription I Transferee(s) Capacity Share Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Box 100 Oro, ON LOL 2X0 Statements This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Signed 2009 12 07 Toronto Transferor(s) Tel 4168691234 Fax 4168690547 I am the solicitor for the transferor(s) and I am not one and the same as the solicitor for the transferee(s). I have the authority to sign and register the document on behalf of the Transferor(s). Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 acting for Signed Toronto Transferee(s) M5J 2T9 Tel 4168631500 Fax 4168631515 I am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s). I have the authority to sign and register the document on behalf of the Transferee(s). Submitted By AIRD & BERLIS LLP Tel 4168631500 Fax 4168631515 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 2009 12 07 2009 12 07 LRO # 51 Transfer The applicant(s) hereby applies to the Land Registrar. Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferee Client File Number : 100045-RTH ORO-MEDONTE Receipted as SC787812 on 2009 12 07 at 11:44 yyyy mm dd Page 2 of 2 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58544 - 0143 BLOCKS 22, 25, 26 AND 27, PLAN 51M-946; ORO-MEDONTE BY: MOSS DEVELOPMENT LTD. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE %(all PINs) 1. H.S. HUGHES I lam (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; i (c) A transferee named in the above-described conveyance; ✓I (d) The authorized agent or solicitor acting in this transaction for THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE described in paragraph(s) (c) above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) above. (f) A transferee described in paragraph O and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: - (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (ii) Given Back to Vendor 0.00 - (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 0.00 (h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00 - (i) Other considerations for transaction not included in (g) or (h) above 0.00 Q) Total consideration 0.00 4. Explanation for nominal considerations: g) Transfer to a municipality pursuant to subdivision or development agreement, condominium approval or other municipal purposes: Conveyance pursuant to a Subdivision Agreement. 5. The land is subject to encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer LRO 51 Registration No. SC787812 Date: 2009/12/07 B. Property(s): PIN 58544 - 0143 Address Assessment - _ ORO Roll No C. Address for Service: 148 Line 7 South Box 100 Oro, ON LOL 2X0 D. (i) Last Conveyance(s): PIN 58544 - 0143 Registration No. SC470373 (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes'; No j✓i Not known E. Tax Statements Prepared By: Randy Todd Hooke 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 LRO # 51 Discharge Of An Interest Receipted as SC787813 on 2009 12 07 at 11:44 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties y l PIN 58544 - 0143 LT ✓ Affects Part of Prop L Description LOTS 2 TO 20, BOTH INCLUSIVE, AND BLOCKS 21, 22, 24, 25, 26, 27 AND 30, PLAN 51 M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT Redescription Description BLOCKS 23, 28 AND 29, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE. - Address ORO Document to be Discharged Registration No. Date Type of Instrument SC470439 2006 08 23 Notice Discharging Party(s) This discharge discharges the interest in the selected instrument(s). Name SAMUEL, REFAT Address for Service c/o Steinberg Morton Hope & Israel LLP Barristers and Solicitors 5255 Yonge Street Suite 1100 Toronto, Ontario M21N 6P4 Attention:lrwin Steinberg This document is not authorized under Power of Attorney by this party. Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 Toronto M5C 2V9 Tel 4168691234 Fax 4168690547 1 have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GARFINKLE, BIDERMAN LLP Tel 4168691234 Fax 4168690547 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number 1 Adelaide Street E., Suite 801 Toronto M5C 2V9 acting for Signed Applicant(s) 2009 12 04 2009 12 07 Discharging Party Client File Number : 6790-024 LRO # 51 Discharge Of Charge Receipted as SC787814 on 2009 12 07 at 11:44 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 58544 - 0143 LT ✓ Affects Part of Prop Description LOT 1 AND BLOCKS 21, 22, 24, 25, 26, 27 AND 30, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT ✓ Affects Part of Prop Description BLOCKS 23,28 AND 29, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO Document to be Discharged Registration No. Date Type of Instrument SC710352 2009 01 05 Charge/Mortgage I Discharging Party(s) I This discharge complies with the Planning Act. This discharge discharges the charge. Name ONTARIO WEALTH MANAGEMENT CORPORATION Address for Service One Yorkdale Road Suite 511 Toronto, Ontario M6A 3A1 I, Graham Tobe (A.S.O.), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. The party giving this discharge is the original chargee and is the party entitled to give an effective discharge Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Signed 2009 12 04 Toronto Applicant(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Applicant(s). - Submitted By GARFINKLE, BIDERMAN LLP 1 Adelaide Street E., Suite 801 2009 12 07 Toronto M5C 2V9 Tel 4168691234 Fax 4168690547 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 I File Number I Discharging Party Client File Number : 6790-024 LRO # 51 Discharge Of Charge Receipted as SC787815 on 2009 12 07 at 11:44 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 58544 - 0143 LT Affects Part of Prop Description LOT 1 AND BLOCKS 21, 22, 24, 25, 26, 27 AND 30, PLAN 51 M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT Affects Part of Prop Description BLOCKS 23, 28 AND 29, PLAN 51 M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO [Document to be Discharged Registration No. Date Type of Instrument SC747280 2009 06 30 Charge/Mortgage Discharging Party(s) This discharge complies with the Planning Act. This discharge discharges the charge. Name PROPRIETES FAR HILLS INC./FAR HILLS PROPERTIES INC. Address for Service c/o Forvest Financial Services Corp. Pursuit Group of Companies, 4150 Sherbrooke West, Suite 405, West Mount, Quebec H3Z 1C2 I, Ben Lipowitz (A.S.O.), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. The party giving this discharge is the original chargee and is the party entitled to give an effective discharge Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Signed Toronto Applicant(s) M5C 2V9 2009 12 04 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GARFINKLE, BIDERMAN LLP 1 Adelaide Street E., Suite 801 Toronto M5C 2V9 2009 12 07 Tel 4168691234 Fax 4168690547 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Discharging Party Client File Number : 6970-024 LR # 51 Di h Of Ch sc arge O arge Receipted as SC787816 o n 2009 12 07 at 11:44 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1 Properties PIN 58544 - 0143 LT ✓1 Remove S/T interest Description LOT 1 AND BLOCKS 21, 22, 24, 25, 26, 27 AND 30, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT Affects Part of Prop Description BLOCKS 23,28 AND 29, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY ! OF SIMCOE ! Address ORO Document to be Discharged Registration No. Date Type of Instrument SC747281 2009 06 30 Charge/Mortgage Discharging Party(s) This discharge complies with the Planning Act. This discharge discharges the charge. Name MERE INVESTMENTS INC. Address for Service 7822 Yonge Street Thornhill, Ontario L4J 1 W3 I, Roy Murad (A.S.O.), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. The party giving this discharge is the original chargee and is the party entitled to give an effective discharge Signed By _ Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Signed 2009 12 04 Toronto Applicant(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By GARFINKLE, BIDERMAN LLP 1 Adelaide Street E., Suite 801 2009 12 07 Toronto M5C 2V9 Tel 4168691234 Fax 4168690547 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Discharging Party Client File Number : 6970-024 LRO # 51 Transfer Easement Recelpted as SC789675 on 2009 12 15 at 11:16 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 4 Properties PIN 58544 - 0143 LT Interest/Estate Fee Simple ✓1 Add Easement Description FIRSTLY: PART OF LOTS 2 AND 3, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37136; ORO-MEDONTE; SECONDLY: PART OF LOTS 6 AND 7, PLAN 51M-946, BEING PARTS 1 AND 2 ON _ PLAN 51 R-37135; ORO-MEDONTE; THIRDLY: PART OF LOTS 11 AND 12, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37133; ORO-MEDONTE; FOURTHLY: PART OF LOTS 15 AND 16, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37132; ORO-MEDONTE; FIFTHLY: PART OF LOTS 19 AND 20, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37134; ORO-MEDONTE. Address ORO Consideration Consideration $ 2.00 Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name MOSS DEVELOPMENT LTD. Address for Service 7822 Yonge Street Thornhill, Ontario L4J 1 W3 I, Roy Murad (A.S.O), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name HYDRO ONE NETWORKS INC. Address for Service Hydro One Networks Inc. 185 Clegg Road Markham, Ontario L6G 1 B7 Attention: Melissa Kotsios, Real Estate Clerk Statements Schedule: See Schedules This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Signed 2009 12 15 Toronto Transferor(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of all parties to the document. LRO # 51 Transfer Easement Receipted as SC789675 on 2009 12 15 at 11:16 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 4 - Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Signed 2009 12 15 Toronto Transferee(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of all parties to the document. Submitted By - GARFINKLE, BIDERMAN LLP 1 Adelaide Street E., Suite 801 2009 12 15 Toronto M5C 2V9 Tel 4168691234 Fax 4168690547 Fees/Taxes/Payment Statutory Registration Fee $60.00 Provincial Land Transfer Tax $0.00 Total Paid $60.00 File Number Transferor Client File Number: 6790-024 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: 58544 - 0143 FIRSTLY: PART OF LOTS 2 AND 3, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37136; ORO-MEDONTE; SECONDLY: PART OF LOTS 6 AND 7, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37135; ORO-MEDONTE; THIRDLY: PART OF LOTS 11 AND 12, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37133; ORO-MEDONTE; FOURTHLY: PART OF LOTS 15 AND 16, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37132; ORO-MEDONTE; FIFTHLY: PART OF LOTS 19 AND 20, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37134; ORO-MEDONTE. BY: MOSS DEVELOPMENT LTD. TO: HYDRO ONE NETWORKS INC. %(all PINs) 1. KENT TAYLOR lam _ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; ✓j (d) The authorized agent or solicitor acting in this transaction for HYDRO ONE NETWORKS INC. described in paragraph(s) (c) above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for described in paragraph(s) above. (f) A transferee described in paragraph { } and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 2.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (ii) Given Back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 _ (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 2.00 (h) VALUE OF ALL CHATTELS - items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 6) Total consideration 2.00 4. Explanation for nominal considerations: - s) other: hydro services easement 5. The land is subject to encumbrance PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 51 Registration No. SC789675 Date: 2009/12/15 B. Property(s): PIN 58544 - 0143 Address Assessment - ORO Roll No C. Address for Service: Hydro One Networks Inc. - 185 Clegg Road Markham, Ontario L6G 1 B7 Attention: Melissa Kotsios, Real Estate Clerk D. (i) Last Conveyance(s): PIN 58544 - 0143 Registration No. SC788733 _ (ii) Legal Description for Property Conveyed : Same as in last conveyance? Yes ! No Not known 1 E. Tax Statements Prepared By: Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 Toronto M5C 2V9 7) Interest/Estate Transferred - Easement in Gross The Transferor hereby grants to Hydro One Networks Inc. (herein called the Transferee), its successors and assigns, the perpetual rights, easements, rights of way, covenants, agreements and privileges as herein set out in, through, under, over, across, along and upon that portion of the lands being: Firstly: Parts I and 2 on Plan 51 R-37136; Secondly: Parts 1 and 2 on Plan 51 R- 37135; Thirdly: Parts 1 and 2 on Plan 51R-37133; Fourthly: Parts 1 and 2 on Plan 51R- 37132; and, Fifthly: Parts 1 and 2 on Plan 51R-37134 (the Firstly, Secondly, Thirdly, Fourthly and Fifthly described Lands are collectively hereinafter referred to as the "Strip"): (a) to erect, maintain, operate, repair, replace, relocate, upgrade, reconstruct and remove at any time and from time to time, an electrical transmission line or lines and communication line or lines consisting of all necessary poles and anchors with all guys, braces, wires, cables, underground cable and associated material and equipment (all or any of which works are herein called "the line"); (b) to erect, maintain and use such gates as the Transferee may from time to time consider necessary in any fences which are now or may hereafter be installed on the Strip by the Transferors; (c) to mark the location of the line under the Strip by suitable markers, but said markers when set in the ground shall be placed in fences or other locations which will not interfere with any reasonable use the Transferor shall make of the Strip; (d) (i) to cut selectively trees and shrubs on the Strip and to keep it clear of all trees, shrubs and brush which may interfere with the safe operation and maintenance of the line; (ii) subject to payment of additional compensation therefor, to cut, prune and remove, if necessary, trees located outside the Strip whose condition renders them liable to interfere with the safe operation and maintenance of the line; (e) to conduct engineering and legal surveys in, on and over the Strip; (f) to clear the Strip and keep it clear of all buildings, structures or other obstructions of any nature whatever including removal of any materials which in the opinion of the Transferee are hazardous to the line. Notwithstanding the foregoing, in all cases where in the sole discretion of the Transferee the safe operation and maintenance of the line is not endangered or interfered with, the Transferor from time to time or the person or persons entitled thereto, may with prior written approval of the Transferee, at the Transferor's own expense construct and maintain roads, lanes, walks, drains, sewers, water pipes, oil and gas pipelines and fences (not to exceed 2 metres in height) on or under the Strip or any portion thereof, provided that prior to commencing any such installation, the Transferor shall give to the Transferee 30 days' notice in writing so as to enable the Transferee to have a representative inspect the site and be present during the performance of the work and that the Transferor complies with any instructions that may be given by such representative in order that such work may be carried out in such a manner as not to endanger, damage or interfere with the line. (g) To enter on, to exit from and to pass and repass at any and all times in, over, along, upon, across, through and under the Strip and so much of the Lands as may be reasonably necessary, at all reasonable times, for the Transferee and its respective officers, employees, workers, permitees, servants, agents, contractors, subcontractors, with or without vehicles, supplies, machinery, plant, material and equipment of all purposes necessary or convenient to the exercise and enjoyment of the said rights and easement subject to payment by the Transferee of compensation for any crop or other physical damage only to the Land caused by the exercise of this right of entry and passageway; and (h) To remove, relocate and reconstruct the line on or under the Strip, subject to payment by the Transferee of additional compensation for any damage caused thereby. This Transfer of Easement shall be subject to The Planning Act, R.S.O. 1990, c. P. 18, as amended. The Transferee covenants and agrees with the Transferor to save harniless the Transferor, the Transferor's tenants or other lawful occupiers of the Strip for any loss, damage or injury caused by the granting and transfer of these rights or anything done pursuant thereto or arising from any accident (not excluding any Act of God) that would not have happened but for the presence of the line on the Strip; provided, however, that the Transferee shall not be liable to the extent to which such loss, damage, or injury is caused or contributed to by any act or omission of the Transferor, or those the Transferor is responsible for in law. All covenants herein contained shall be construed to be several as well as joint where the context or the identity of the Transferor/Transferee so requires. The burden and benefit of this Transfer of Basement shall run with the Strip and the works and undertaking of the Transferee and shall be binding upon and enure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. LRO # 51 Postponement Of Interest The applicant(s) hereby applies to the Land Registrar. Receipted as SC789676 on 2009 12 15 at 11:16 I Properties PIN 58544 - 0143 LT _ Description FIRSTLY: PART OF LOTS 2 AND 3, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37136; ORO-MEDONTE; SECONDLY: PART OF LOTS 6 AND 7, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37135; ORO-MEDONTE; THIRDLY: PART OF LOTS 11 AND 12, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37133; ORO-MEDONTE; FOURTHLY: PART OF LOTS 15 AND 16, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37132; ORO-MEDONTE; FIFTHLY: PART OF LOTS 19 AND 20, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37134; ORO-MEDONTE. Address ORO yyyy mm dd Page 1 of 2 ✓I Affects Part of Prop Source Instruments Registration No. Date Type of Instrument SC710352 2009 01 05 Charge/Mortgage Party From(s) Name ONTARIO WEALTH MANAGEMENT CORPORATION Address for Service 511- 1 Yorkdale Rd. Toronto, Ontario M6A 3A1 Attention: Manager, Property Purchase and Sale, Realty I, Graham Tobe (A.S.O.), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. I Party To (s) Capacity Share Name HYDRO ONE NETWORKS INC. Address for Service Hydro One Networks Inc. 185 Clegg Road Markham, Ontario L6G 1 B7 Attention: Melissa Kotsios, Real Estate Clerk I Statements The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC789675 registered on 2009/12/15 This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 09 Toronto From(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Party From(s). LRO # 51 Postponement Of Interest Receipted as SC789676 on 2009 12 15 at 11;16 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 15 Toronto To(s) - M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of the Party To(s). Submitted By - GARFINKLE, BIDERMAN LLP 1 Adelaide Street E., Suite 801 2009 12 15 Toronto M5C 2V9 Tel 4168691234 Fax 4168690547 Fees/Taxes/Payment Statutory Registration Fee $60.00 - Total Paid $60.00 File Number Party From Client File Number : 6790-024 - LRO # 51 Postponement Of Interest Receipted as SC789677 on 2009 12 15 at 11:16 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 58544 - 0143 LT ✓j Affects Part of Prop Description FIRSTLY: PART OF LOTS 2 AND 3, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37136; ORO-MEDONTE; SECONDLY: PART OF LOTS 6 AND 7, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37135; ORO-MEDONTE; THIRDLY: PART OF LOTS 11 AND 12, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37133; ORO-MEDONTE; FOURTHLY: PART OF LOTS 15 AND 16, PLAN 51 M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37132; ORO-MEDONTE; FIFTHLY: PART OF LOTS 19 AND 20, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37134; ORO-MEDONTE. Address ORO Source Instruments Registration No. Date Type of Instrument SC747280 2009 06 30 Charge/Mortgage I Party From(s) Name PROPRIETIES FAR HILLS INC./FAR HILLS PROPERTIES INC. Address for Service c/o Forvest Financial Services Corp. Pursuit Group of Companies, 4150 Sherbrooke West, Suite 405, West Mount, Quebec H3Z 1 C2 I, Ben Lipowitz (A.S.O.), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Share Name Address for Service Statements HYDRO ONE NETWORKS INC. Hydro One Networks Inc. 185 Clegg Road Markham, Ontario L6G 1 B7 Attention: Melissa Kotsios, Real Estate Clerk The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC789675 registered on 2009/12/15 This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By I Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 15 Toronto From(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of all parties to the document. LRO # 51 Postponement Of Interest Receipted as SC789677 on 2009 12 15 at 11:16 The applicant(s) hereby applies to the Land Registrar, yyyy mm dd Page 2 of 2 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 15 Toronto To(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of all parties to the document. I Submitted By _ GARFINKLE, BIDERMAN LLP 1 Adelaide Street E., Suite 801 2009 12 15 Toronto M5C 2V9 Tel 4168691234 Fax 4168690547 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Party From Client File Number : 6970-024 LRO # 51 Postponement Of Interest Receipted as SC789678 on 2009 12 15 at 11:16 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 58544 - 0143 LT ✓I Affects Part of Prop Description FIRSTLY: PART OF LOTS 2 AND 3, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37136; ORO-MEDONTE; SECONDLY: PART OF LOTS 6 AND 7, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37135; ORO-MEDONTE; THIRDLY: PART OF LOTS 11 AND 12, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51 R-37133; ORO-MEDONTE; FOURTHLY: PART OF LOTS 15 AND 16, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37132; ORO-MEDONTE; FIFTHLY: PART OF LOTS 19 AND 20, PLAN 51M-946, BEING PARTS 1 AND 2 ON PLAN 51R-37134; ORO-MEDONTE. Address ORO Source Instruments Registration No. Date Type of Instrument SC747281 2009 06 30 Charge/Mortgage Party From(s) Name MERE INVESTMENTS INC. Address for Service 7822 Yonge Street Thornhill, Ontario L4J 1 W3 I, Roy Murad (A.S.O.), have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. Party To(s) Capacity Share Name HYDRO ONE NETWORKS INC. _ Address for Service Hydro One Networks Inc. 185 Clegg Road Markham, Ontario L6G 1 B7 Attention: Melissa Kotsios, Real Estate Clerk Statements The applicant postpones the rights under the selected instrument to the rights under an instrument registered as number SC789675 registered on 2009/12/15 This document is being registered pursuant to Inhibiting Order SC787418 registered on 2009/12/04 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 15 Toronto From(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of all parties to the document. LRO # 51 Postponement Of Interest Receipted as SC789678 on 2009 12 15 at 11:16 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 Signed By Lindsay Mitchell Kazdan 1 Adelaide Street E., Suite 801 acting for Party Signed 2009 12 15 Toronto To(s) M5C 2V9 Tel 4168691234 Fax 4168690547 I have the authority to sign and register the document on behalf of all parties to the document. Submitted By GARFINKLE, BIDERMAN LLP 1 Adelaide Street E., Suite 801 2009 12 15 Toronto M5C 2V9 Tel 4168691234 Fax 4168690547 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Party From Client File Number : 6970-024 LRO # 51 Application To Delete Inhibiting Order The applicant(s) hereby applies to the Land Registrar. Receipted as SC790431 on 2009 12 17 at 12:23 yyyy mm dd Page 1 of 1 Properties PIN 58544 - 0143 LT n Redescription Description LOTS 1 TO 20, INCLUSIVE, BLOCKS 21, 22, 24, 25, 26, 27 AND 30, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Address ORO PIN 58544 - 0144 LT n Redescription Description BLOCKS 23,28 AND 29, PLAN 51M-946; TOWNSHIP OF ORO-MEDONTE; COUNTY OF SIMCOE Address ORO Source Instruments Registration No. Date Type of Instrument SC787418 2009 12 04 Application For Inhibiting Order-Land Applicant(s) Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service 148 Line 7 South Box 100 Oro, ON LOL 2X0 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation H.S. Hughes, Mayor and J. Douglas Irwin, Clerk. Statements All the conditions under the Inhibiting Order have been dealt with and the Inhibiting Order can now be deleted. I Signed By Randy Todd Hooke Tel 4168631500 Fax 4168631515 181 Bay St., Suite 1800, Box 754 acting for Signed 2009 12 17 Toronto Applicant(s) M5J 2T9 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By AIRD & BERLIS LLP Tel 4168631500 Fax 4168631515 181 Bay St., Suite 1800, Box 754 Toronto M5J 2T9 2009 12 17 Fees/Taxes/Payment _ Statutory Registration Fee Total Paid $60.00 $60.00 I File Number Applicant Client File Number : 100045-RTH